Tuesday, June 14, 2011

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Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.

can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval

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sanbaj

02-20 10:12 AM

Your lawyer or any competent lawyer should be able to interfile your application. The lawyer has to write a letter to USCIS along with the original approval notice of the newly approved but older PD I140. As per today's EB2/EB3 PD scenario, interfile is the best option for you. Earlier PD transfers ruled when EB2 PD used to be ahead of EB3 PD. Now, EB2 PD is Unavailable. Again, get a competent lawyer who has extensive experience in this particular issue.

The following thread has most of the information and knowledge you would need: http://immigrationvoice.org/forum/showthread.php?t=912&highlight=transfer.

Best of luck !!

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desi3933

03-03 12:42 PM

LC approved in 2006, can I still apply for I-140?

No.

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Appu

07-09 02:38 PM

Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.

Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?

1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.

2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal

Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).

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I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

2...by submitting any paperwork to them can he hamper my proessing?

3...Do i have anything to scare about?

4...what should i do now?

This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

I need help.....please let me know what should i do....please people help me....

I disagree a bit, he can very well work in McDonald's as a burger flipper on EAD after 180 days of filing of I-485. However, He must show a good faith job offer in the LC category (same or similar) at the time when his I-485 is about to be approved i.e. dates are current and his file is in IO's hands. After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period. My 2 cents. USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485.... U will be lucky if they dont!!!!

With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...

It shouldn't be a problem if you get into a financially sound company and hire a good attorney...PERM and I-140 shouldn't take more than 6 months if you hire a good attorney.....

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onemoredesi

06-21 10:53 AM

In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

Experts, please comment. I may have to face this scenario.

Thanks!

Abhijit Contribution so far: $100

Abhijit, This happened to a very close friend of mine a couple of years ago when he was in hi 6th year. He luckily found a labor substitution at that time and was able to immediately file. I-140 is probably most important of the entire green card process.. it is what proves the employer's capability to pay the prospective employee. To your question, if I-140 is rejected, your entire application is denied.. I-485 is immediately nullified. You might want to talk to your attorney if you have the slightest of the doubts..

The only problem I forsee is that some people think that F-1/OPT is not a dual-intent visa, i.e., one gets a student visa upon expressing their intention of not immigrating. Therefore going from F-1 to H-1B to Green card is the more preferred route. However, some people feel that as a dependent going from F-1 to Green Card is fine.

Hoepfully, others may have a better understanding on this than me.

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dreamworld

11-30 03:08 PM

Hi All,

I and My wife were applied 485 in July 2007. We have received receipt numbers, EAD's and Advance Paroles. In online my wife 485 status showing as approved, but we did not receive any letters from USCIS. When we called USCIS about this, some of the IO officers are saying they don't know why the Card production ordered was not happened and they will send a request to supervisor. But some of the IO officers are saying instead of approving 131,they approved 485 and it is a mistake. Even though if they are saying mistake, they are not changing the online message or when we call them getting different messages from USCIS until today...Gurus please advise what we need to do.

Thanks.

What is the birth country of your wife????. If she is not born in India then her PD is current...

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pappu

04-10 02:21 PM

Active members are requested to urge others to update their profile details for the tracker. If you find someone's profile has fake details, please give them a red dot.

looks like the website is created in July end. Contact address from FL. It seems to be associated wit telecall (a company, I don't know much..google). I found this by checking whois domain lookup...for this free india call thingy...just an fyi.....don't know how safe?

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green_card_curious

03-07 09:59 PM

gcformeornot: I dont know how to update my profile. I looked around options in my user id but didn't find anything like "update profile".

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sam_hoosier

01-07 11:24 AM

can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21). thanks for your replies.

Yes, employer can withdraw I-140 anytime but after 180 days of I-485 receipt date it will not affect AC21. It is always safer to notify USCIS if you are changing jobs on AC21 to minimize chances of future RFEs.

h1b_tristate

07-27 08:02 PM

Hi everyone,

I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?

A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.

Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.

Thanks

pappu

08-19 01:27 PM

Hi,

My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24. We have just requested expedite request but may not get it in time.

She just entered into USA using AP in July. 485 was filed in Aug 07.

If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?

And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?